VIP Terms and Conditions | FUJIFILM X Series & GFX

FUJIFILM VIP Program Terms and Conditions

REV.01.08.2024

The following terms and conditions are applicable to participation in the FUJIFILM VIP Program for FUJIFILM X Series and GFX System digital camera and lens products (the “VIP Program”):

1. Eligibility for Membership and Participation; Description of Benefits. Only (i) employees of a FUJIFILM North America Corporation (“Fujifilm”) “preferred” third party vendor or service provider (as determined by Fujifilm at its sole discretion from time to time), (ii) who are legal residents of the United States, the District of Columbia or any U.S. territory, (iii) who are at least 18 years of age at the time of registration, (iv) who have registered at http://shopusa.fujifilm-x.com, and (iv) who are approved for participation in the VIP Program by Fujifilm (at its discretion), are permitted to participate in the VIP Program (a “VIP Program Member”).

All qualifying participants of the VIP Program will be eligible to purchase, in any combination, up to four (4) X Series or GFX System digital cameras and up to six (6) X Mount or G Mount lenses (i.e. XF and/or GF lenses) per year, at a discount of TWENTY-FIVE PERCENT (25%) off of Fujifilm’s applicable Minimum Advertised Price (MAP) price of each respective product. Purchases are not subject to any awards program point accrual or redemption, further discounts or promotional offers whatsoever and may not be combined with any other promotional program or benefit at any time made available, unless specifically stated otherwise in the terms and conditions of the other, applicable promotional program. Product offerings pursuant to the VIP Program are at all times at Fujifilm’s discretion and subject to availability as determined by Fujifilm. Orders placed pursuant to the VIP Program may be rejected by Fujifilm at any time, for any or no reason. All products purchased pursuant to this VIP Program will be in new condition, fully warranted pursuant to Fujifilm’s standard limited warranty applicable to such products, generally for the benefit of the original purchaser only and for a period of 12 months from the purchase date.

FUJIFILM X Series and GFX System digital camera and lens products which are purchased by a VIP Program Member pursuant to the VIP Program will be automatically registered to their user account and are not eligible to be offered for sale, sold or transferred to another user for the first 12 months from the date of purchase. If a VIP Program purchased unit is offered for sale, sold or transferred to another user for any reason in violation of this provision, Fujifilm reserves the right to terminate the original VIP Program Member’s further participation in the VIP Program.

In addition, the VIP Program does not apply to, and a VIP Program Member may not receive benefits under the VIP Program, in any circumstances where:

FUJIFILM X Series or GFX System Products were not directly purchased from Fujifilm at http://shopusa.fujifilm-x.com. This includes, without limitation, any purchases made from a third party website or directly from a FUJIFILM dealer.
A further purchase is attempted after the VIP Program Member has already met, in any combination, the annual purchase limits of four (4) X Series or GFX System digital cameras and six (6) X Mount and/or G Mount lenses per year.

2. Registration. VIP Program Members hereby represent and warrant that all of the information submitted to Fujifilm during the registration process is true and accurate and that he or she meets all eligibility requirements required pursuant to these VIP Program Terms and Conditions. In the event that any information submitted is found to be untrue or inaccurate, Fujifilm may terminate your participation in the VIP Program. In addition, all VIP Program Members are responsible to keep all registration information up to date, including contact information (street mailing address (no P.O. Boxes for shipment), email address, phone numbers, etc.) so that VIP Program notices (including any applicable renewal or VIP Program termination notices) may be provided. If the contact information is not kept up to date, Fujifilm will not be responsible for notices or other mailings or shipments that are not received.

3. Membership Term and Renewal. The initial membership term of the VIP Program is one (1) year from the date of the VIP Program Member’s account activation and approval. Fujifilm is under no obligation to extend or renew a membership term in the VIP Program upon expiration of the initial membership term. To renew membership in the VIP Program for another one-year term, the VIP Program Member must contact their Fujifilm Marketing Team representative(s) and submit a request to be approved for another year term. If approved, then once a VIP Program Member’s membership has renewed for another year, the eligibility requirements immediately take effect and yearly purchase limits are reset for the VIP Program Member. Note that Fujifilm reserves the right to change, alter, or terminate memberships, as well as the criteria for membership and these VIP Program terms and conditions at any time, for any reason, without any prior notice.

4. Termination of Participation. By registering for the VIP Program, you confirm that you understand and agree that although you can cancel your participation in the VIP Program at any time, if you cancel your membership you will not under any circumstance be entitled to receive any refund for, or to return, any FUJIFILM products purchased as a VIP Program Member. In the event your participation in the VIP Program is cancelled due to your failure to adhere to any of the VIP Program Terms and Conditions, Fujifilm may terminate your participation / membership in the VIP Program immediately and without notice, without any further obligation to you.

5. Force Majeure. In the event Fujifilm is unable to implement the VIP Program at any time by reason of strike or labor issues, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, utility issues, the threat of terrorist activities, supply shortages, carrier or transportation issues, pandemic, epidemic, or contagious disease or health condition circumstances (or the mandates, warnings, advisories, recommendations or requirements of federal, state or local government authorities relating thereto), or any other causes that are beyond the reasonable control of Fujifilm and without its fault or negligence (a “Force Majeure” event), Fujifilm will attempt to provide notice to all VIP Program Members as soon as commercially practicable, advising of the Force Majeure event and the reasons for the delay or non-performance in services, and make all commercially reasonable efforts to resume performance as soon as possible. In no event will a refund be issued for any products purchased under the VIP Program or any VIP Program services or benefits which may be curtailed, delayed or not provided due to a Force Majeure event.

6. Modifications to the VIP Program. The VIP Program may be changed or terminated by Fujifilm at any time by posting updated VIP Program Terms and Conditions on the VIP Program website, or by otherwise notifying VIP Program Members by email, mail, or other delivery means. In addition, as noted above, VIP Program X Series of GFX System digital camera and/or lens product offerings may be changed by Fujifilm at any time, with or without prior notice. In the event that Fujifilm terminates the entire VIP Program, then all VIP Program Member benefits will cease immediately without any further obligation of Fujifilm. In such event, pending orders that have not yet been delivered will be deemed cancelled unless otherwise determined by Fujifilm in its sole discretion.

7. Non-Transferability. The VIP Program Membership is personal to the specifically registered VIP Program Member. No VIP Program Member shall be permitted to transfer or assign his or her membership in the VIP Program to any other person or third party at any time. Any attempted assignment or transfer of a VIP Program Membership shall be void and of no force or effect, and Fujifilm will not recognize any such assignment or transfer.

8. General Terms. The VIP Program and these VIP Program Terms and Conditions shall be governed by the laws of the State of New York and any dispute arising hereunder will be resolved in accordance with the laws of the State of New York without reference to its conflict of laws principles. These VIP Program Terms and Conditions shall not be amended or otherwise modified except in a writing authorized by Fujifilm’s authorized senior management (email or website postings being acceptable). In the event any of these VIP Program Terms and Conditions are held to be invalid or otherwise unenforceable by a court of competent jurisdiction, such term (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be deleted, while the remaining provisions of these Terms and Conditions will remain in full force and effect. Any waiver of any breach or failure to enforce any of these VIP Program Terms and Conditions shall not in any way affect, limit or waive Fujifilm’s right thereafter to enforce and compel strict compliance with every term and condition hereof. In no event will Fujifilm or its affiliates at any time be responsible for direct, indirect, special, incidental, or consequential damages by reason of or in connection with the VIP Program, any VIP Program Membership issued, any VIP Program registration submitted, or any FUJIFILM product purchased under the VIP Program (including without limitation, cover damages, cost or substitute services, lost profits, lost opportunities, loss of use, lost efficiencies or synergies, economic loss, administrative or overhead expenses, or damage to reputation or goodwill) even if apprised of the likelihood of such damages and irrespective of the nature of the claim asserted. These VIP Program Terms and Conditions, together with and any other document Fujifilm may designate from time to time as part of the VIP Program, constitutes the entire agreement relating the VIP Program and supersedes all prior and contemporaneous agreements or representations, written or oral, of the parties pertaining to such subject matter.